EEOC Proposes Revisions to Federal Workplace Discrimination Complaint Process

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to issue a proposed rule to revise the rules governing the workplace discrimination complaint process for federal employees and applicants.

As the agency responsible for governing the rules regarding that process, the EEOC concluded that “the current system is too slow and complicated, often resulting in federal employees and federal agencies waiting years for a decision,” according to a statement from the organization.

The EEOC’s proposed rule is designed to make the process “quicker simpler and more effective, better for both federal employees and federal agencies,” the statement read, adding that the next step is for the public to provide comments on the proposed rule, via the EEOC website.

Among the changes the EEOC has suggested:

• Instead of requiring federal employees to undergo a “long counseling process” before filing a complaint, federal employees and applicants will be able to file directly with their agency.
• Hearings with EEOC administrative judges will only take place when necessary, not automatically for every case.
• Class actions will be handled by federal courts, but federal employees and applicants can still use the EEOC to start these claims, and to handle related individual complaints together.

The EEOC also recommended that certain aspects of the federal workplace discrimination complaint process remain unchanged.

For example, the agency maintained that federal employees and applicants should continue to have the right to file a complaint, engage in alternative dispute resolution and settle complaints. The EEOC also proposed that federal workers and applicants should receive a final decision from their agency after investigation, and should be able to appeal that decision to the EEOC and receive fresh review.

“The EEOC is committed to making the federal government work better for everyone—including its own employees and agencies,” said EEOC Chair Andrea Lucas, in a statement.

“These proposed changes are about fixing what doesn’t work and making the process faster, fairer and more straightforward. We want people to get answers quickly and without unnecessary hassle, while keeping in place all the important protections against employment discrimination in federal workplaces.”